NORTH YORKSHIRE COUNTY COUNCIL
NOTICE OF CALL-IN EXEMPTION
Overview and Scrutiny Procedure Rule 16
<AI1>
Levelling Up Fund – Catterick
Garrison Town Centre Regeneration project
To the Chairman of North Yorkshire County Council
The County
Council’s Constitution provides that where the call-in
procedure would otherwise apply to an executive decision, it shall
not apply where the decision being taken is urgent.
Under Overview and Scrutiny Procedure Rule
16:
(h) The call-in
procedure set out above shall not apply where the decision being
taken by the Executive is urgent. A decision will be urgent if any
delay likely to be caused by the call in process would seriously
prejudice the Council’s or the public interest. The Chair of
the Council must agree both that the decision proposed is
reasonable in all the circumstances and to it being treated as a
matter of urgency. In the absence of the Chair, the
Vice-Chair’s consent shall be required. In the absence of
both, the Head of Paid Service or their nominee’s consent
shall be required. Decisions taken as a matter of urgency must be
reported to the next available meeting of the Council, together
with the reasons for urgency.
It is anticipated that on
30 May 2023 a report seeking the
following will be considered by Executive:
1. To accept the Levelling Up Fund grant from the
Department for Levelling Up, Housing and Communities for the
Catterick Garrison Town Centre Regeneration Project;
2. Delegate authority to Corporate Director
Community Development to enter into a Memorandum of Understanding
with the Department for Levelling Up, Housing and Communities
setting out the principles which will apply to administration and
delivery of the Catterick Garrison Town Centre Regeneration
Project; and
3.
Delegate authority to Corporate Director Community Development to
authorise acceptance of minor changes to the grant conditions in
discussion with the Executive Member for Open to Business and the
Corporate Director for Resources
The intention to
make this key decision has been published on the Forward Plan for
the requisite 28 clear day period.
It has come to
light that timescales are such in this matter that the decision
must be implemented immediately upon being taken without allowing
for the call in period. This matter requires an urgent decision by
the Executive on 30 May 2023, and cannot reasonably be
deferred, to enable its timely consideration and implementation, in
order to meet the deadline of the 30th of
May for signing the Memorandum of
Understanding, enabling receipt of payment in July.
This would not allow for the usual 5 clear working day call-in
period. Overview and Scrutiny Procedure Rule 16(h) enables matters
to be determined on an urgency basis and be exempt from call-in,
where any delay likely to be caused by the call-in process would
seriously prejudice the Council’s or the public
interest.
In accordance with
the provisions in this Rule, I am therefore seeking your agreement
that the decision proposed is reasonable in all the circumstances
and to it being treated as a matter of urgency (where any delay
likely to be caused by the call in process would seriously
prejudice the Council’s or the public interest) and exempt
from call-in. If you so agree, will you please so confirm in
writing as soon as possible.
BARRY KHAN
Assistant Chief
Executive (Legal and Democratic Services) and Monitoring
Officer
Dated:
27 April 2023
I agree, for the reasons
stated in this notice, that the decision proposed is reasonable in
all the circumstances, to it being treated as a matter of urgency
and exempt from call-in.
Signed
Date
Chairman of North
Yorkshire County Council
</AI1>
<TRAILER_SECTION>
</TRAILER_SECTION>
<LAYOUT_SECTION>
FIELD_TITLE
To [the
Chairman of North Yorkshire County Council/Head of Paid
Service/Delegated Officer – delete as
appropriate]
The County Council’s Constitution provides
that where the call-in procedure would otherwise apply to an
executive decision, it shall not apply where the decision being
taken is urgent.
Under Overview
and Scrutiny Procedure Rule 16:
(h) The call-in procedure set out above
shall not apply where the decision being taken by the Executive is
urgent. A decision will be urgent if any delay likely to be caused
by the call in process would seriously prejudice the
Council’s or the public interest. The Chairman of the
council must agree both that the decision proposed is reasonable in
all the circumstances and to it being treated as a matter of
urgency. In the absence of the Chairman, the Vice-Chairman’s
consent shall be required. In the absence of both, the Head of Paid
Service or his/her nominee’s consent shall be required.
Decisions taken as a matter of urgency must be reported to the next
available meeting of the Council, together with the reasons for
urgency.
It is anticipated that on FIELD_DUE_DATE a
report regarding FIELD_ISSUE_SUMMARY will be considered by FIELD_DMTITLE. The
intention to make this key decision [has/has not – delete as
appropriate] been published on the Forward Plan for the
requisite 28 clear day period.
It has come to light that timescales are such in
this matter that [insert reasoning
why the decision must be implemented immediately upon it being
taken without allowing for the call in period]. This matter
requires an urgent decision by FIELD_DMTITLE on FIELD_DUE_DATE,
and cannot reasonably be deferred, to enable the timely
consideration and implementation of the matter and
FIELD_USE_URGENCY_EXPLAIN, which would not allow for the usual 5 clear
working day call-in period. Overview and Scrutiny Procedure Rule
16(h) enables matters to be determined on an urgency basis and be
exempt from call-in, where any delay likely to be caused by the
call-in process would seriously prejudice the Council’s or
the public interest. Should the call in period not be
exempted, then [insert brief
details of consequences].
In accordance with
the provisions in this Rule, I am therefore seeking your agreement
that the decision proposed is reasonable in all the circumstances
and to it being treated as a matter of urgency (where any delay
likely to be caused by the call in process would seriously
prejudice the Council’s or the public interest) and exempt
from call-in. If you so agree, will you please so confirm in
writing as soon as possible.
BARRY KHAN
Assistant Chief Executive (Legal and Democratic
Services) and Monitoring Officer
Dated: FIELD_ISSUE_FIRST_PUBLIC_PUB
I agree, for the reasons stated in this notice, that
the decision proposed is reasonable in all the circumstances, to it
being treated as a matter of urgency and exempt from
call-in.
Signed [insert
name]
Date FIELD_ISSUE_FIRST_PUBLIC_PUB
[Chairman of North Yorkshire
County Council/Head of Paid Service/Delegated Officer –
delete as appropriate]
</LAYOUT_SECTION>
<TITLE_ONLY_LAYOUT_SECTION>
FIELD_TITLE
To [the
Chairman of North Yorkshire County Council/Head of Paid
Service/Delegated Officer – delete as
appropriate]
The County Council’s Constitution provides
that where the call-in procedure would otherwise apply to an
executive decision, it shall not apply where the decision being
taken is urgent.
Under Overview
and Scrutiny Procedure Rule 16:
(h) The call-in procedure set out above
shall not apply where the decision being taken by the Executive is
urgent. A decision will be urgent if any delay likely to be caused
by the call in process would seriously prejudice the
Council’s or the public interest. The Chairman of the
council must agree both that the decision proposed is reasonable in
all the circumstances and to it being treated as a matter of
urgency. In the absence of the Chairman, the Vice-Chairman’s
consent shall be required. In the absence of both, the Head of Paid
Service or his/her nominee’s consent shall be required.
Decisions taken as a matter of urgency must be reported to the next
available meeting of the Council, together with the reasons for
urgency.
It is anticipated that on FIELD_DUE_DATE a
report regarding FIELD_ISSUE_SUMMARY will be considered by FIELD_DMTITLE. The
intention to make this key decision [has/has not – delete as
appropriate] been published on the Forward Plan for the
requisite 28 clear day period.
It has come to light that timescales are such in
this matter that [insert reasoning
why the decision must be implemented immediately upon it being
taken without allowing for the call in period]. This matter
requires an urgent decision by FIELD_DMTITLE on FIELD_DUE_DATE,
and cannot reasonably be deferred, to enable the timely
consideration and implementation of the matter and
FIELD_USE_URGENCY_EXPLAIN, which would not allow for the usual 5 clear
working day call-in period. Overview and Scrutiny Procedure Rule
16(h) enables matters to be determined on an urgency basis and be
exempt from call-in, where any delay likely to be caused by the
call-in process would seriously prejudice the Council’s or
the public interest. Should the call in period not be
exempted, then [insert brief
details of consequences].
In accordance with
the provisions in this Rule, I am therefore seeking your agreement
that the decision proposed is reasonable in all the circumstances
and to it being treated as a matter of urgency (where any delay
likely to be caused by the call in process would seriously
prejudice the Council’s or the public interest) and exempt
from call-in. If you so agree, will you please so confirm in
writing as soon as possible.
BARRY KHAN
Assistant Chief Executive (Legal and Democratic
Services) and Monitoring Officer
Dated: FIELD_ISSUE_FIRST_PUBLIC_PUB
I agree, for the reasons stated in this notice, that
the decision proposed is reasonable in all the circumstances, to it
being treated as a matter of urgency and exempt from
call-in.
Signed [insert
name]
Date FIELD_ISSUE_FIRST_PUBLIC_PUB
[Chairman of North Yorkshire
County Council/Head of Paid Service/Delegated Officer –
delete as appropriate]
</TITLE_ONLY_LAYOUT_SECTION>
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